Legal Question in Real Estate Law in Oklahoma
Construction Company Splits, both say we owe them.
After completeing our roof, and getting paid for it, the construction company sub-contracted siding people. 3,000.00 is owed on the job, and the partners in the roofing company split up. They both came to us individually and said they fired the partner, and we should only pay them. Who do we give the money to? They are both threatening Liens if we give to other ''partner.'' We are in the middle of a mess because the company split up.
1 Answer from Attorneys
Re: Construction Company Splits, both say we owe them.
If this is work on a residential home in Oklahoma, our law probably prevents their obtaining a lien unless you signed a Pre-Lien notice before work commenced which advised you of the fact that a lien might be claimed . Without seeing your contract and knowing more about who, what, where and when it is difficult to give you a definitive answer. Oklahoma does recognize the right of owners to do a joint-payee check and let them fight about who gets what part of it. If there are unpaid sub-contractors, their name(s) should be put on the check also. If your contract says that it is made with "D&V Partners" of "D&V Inc." you would want to put that name on the check with the names of both partners and any unpaid subcontractors. If there are unpaid subcontractors of which you are aware, ask each of the partners to produce lien waivers from the subs.